Do not regularise buildings with set-back violations: Madras HC

The direction was given after the court found from records that even the building belonging to the complainant (against the petitioner) was also in violation of the plan.PTI | October 03, 2017, 12:00 IST

CHENNAI: Madras High Court has taken a serious view of construction of buildings without required set-backs and made it clear that they shall not be regularised.

A bench comprising Justice S Vaidyanathan and Justice R Subramanian gave the direction in a recent order on two petitions challenging notices issued by the city corporation for lock-and-seal and de-occupation of a house and demolition of another for alleged plan violation with regard to building set-back norm.

Referring to various judgements of the court on related matters, the bench made it clear that illegal constructions without set-backs shall not be regularised and if such acts were carried out by any officials they should be taken into task and posted in non-sensitive post.

The bench allowed the petition by Kalyani and S.Srinivasan of Madhavaram area here and quashed the lock and seal and de-occupation notices dated July 25 and September 13 last respectively on the ground that they had been issued based on the plan of some other person.

This would not preclude the authorities from issuing fresh notice to the petitioners, if the petitioners had violated the plan and proceed further, it added.

Passing orders on the other petition by one Hari of Choolaimedu, whose house was sought to be demolished for set-back violation, the bench directed officials of the corporation and Tamil Nadu Slum Clearance Board (TNSCB) to carry out an inspection of buildings in Plot Nos 1 to 5 in the area.

The direction was given after the court found from records that even the building belonging to the complainant (against the petitioner) was also in violation of the plan.

The corporation's counsel conceded that if the buildings in the area were constructed in violation of the plan and without any set-back, proper steps would be taken for their demolition.

The court directed that if during the inspection it was found that any building had been constructed in violation of the sanctioned plan, suitable action shall be taken against the violators irrespective of the fact as to whether any complaint had been lodged or not.

Till the inspection was completed, the petitioner's house shall not be demolished, it added.